THE SENATE

S.B. NO.

3160

THIRTY-FIRST LEGISLATURE, 2022

S.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PSILOCYBIN.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that mental health conditions are treated in various ways, depending on the condition, and can include medication, therapy, and psychosocial services.  These treatments, while effective for certain conditions and patients, do not treat all mental health conditions.

     The legislature further finds that psilocybin is a naturally-occurring chemical compound found in certain species of mushrooms and that psilocybin can activate serotonin receptors in the brain.  Studies conducted by nationally- and internationally-recognized medical institutions indicate that psilocybin is safe, tolerable, and effective in the treatment of a variety of mental health conditions, including addiction, depression, anxiety disorders, and end-of-life psychological distress.  The United States Food and Drug Administration has determined that preliminary clinical evidence indicates that psilocybin may demonstrate substantial improvement over available therapies for treatment-resistant depression.  Accordingly, the agency has designated a treatment that uses psilocybin in a therapeutic manner for treatment-resistant depression as a "breakthrough therapy".

     The legislature further finds that, because the State has a shortage of mental health professionals, the State should actively consider novel, innovative, and safe solutions to treat its residents.

     Accordingly, the purpose of this Act is to establish the therapeutic psilocybin working group to:

     (1)  Examine the medicinal and therapeutic effects of psilocybin; and

     (2)  Develop a long-term strategic plan to ensure the availability of therapeutic psilocybin or psilocybin-based products that are safe, accessible, and affordable for adults twenty-one years of age or older.

     SECTION 2.  (a)  There is established a therapeutic psilocybin working group within the department of health for administrative purposes.

     (b)  The working group shall:

     (1)  Examine federal, state, and local laws, regulations, administrative rules, and procedures regarding the therapeutic use of psilocybin;

     (2)  Examine available medical, psychological, and scientific studies, research, and other information relating to the safety and efficacy of psilocybin in treating mental health conditions;

     (3)  Examine requirements, specifications, and guidelines for a medical professional to prescribe and provide psilocybin to patients in jurisdictions in which psilocybin is used to treat mental health conditions; and

     (4)  Develop a long-term strategic plan to ensure the availability of therapeutic psilocybin or psilocybin-based products that are safe, accessible, and affordable for adults twenty-one years of age or older.

     (c)  The working group shall consist of the following individuals, or their respective designees:

     (1)  The director of health, who shall serve as chairperson of the working group;

     (2)  The attorney general;

     (3)  The dean of the John A. Burns school of medicine at the University of Hawaii at Manoa;

     (4)  The chairpersons of the health and the judiciary standing committees within the senate and house of representatives;

     (5)  The chairperson of the Hawaii state council on mental health;

     (6)  A physician duly who is licensed pursuant to chapter 453, Hawaii Revised Statutes; or an advanced practice registered nurse who is authorized to prescribe psychotropic medication and is duly licensed pursuant to chapter 457, Hawaii Revised Statutes, as invited by the chairperson of the working group;

     (7)  A psychiatrist who is duly licensed pursuant to chapter 453, Hawaii Revised Statutes, as invited by the chairperson of the working group;

     (8)  Two physicians duly licensed pursuant to chapter 453, Hawaii Revised Statutes, with specialties in substance abuse and psychiatry, as invited by the chairperson of the working group; and

     (9)  Other interested parties with experience that the chairperson of the working group deems relevant to the purposes of the working group, as invited by the chairperson.

     (d)  The members of the working group shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.  No member of the working group shall be subject to chapter 84, Hawaii Revised Statutes, solely because of the member's participation in the working group.

     (e)  The working group shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2023.

     (f)  The therapeutic psilocybin working group shall be dissolved on June 30, 2023.

     SECTION 3.  This Act shall take effect on January 1, 2050.


 


 

Report Title:

Psilocybin; Department of Health; Working Group; Report

 

Description:

Establishes the therapeutic psilocybin working group to examine the medicinal and therapeutic effects of psilocybin and develop a long-term strategic plan to ensure the availability of therapeutic psilocybin or psilocybin-based products that are safe, accessible, and affordable for adults twenty-one years of age or older.  Effective 1/1/2050.  (SD2)

 

 

 

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